Tenancy Guide

We don’t expect you to read this tenancy guide all in one go but use it as a handy source of bite-size information about all of the services available to you as a bpha tenant. You will find out practical advice about your home, guidance on your responsibilities as a tenant and how to access information about other support services provided for you by bpha.

This guide is in three sections:

Starting your tenancy | Maintaining your tenancy | Ending your tenancy

If you have any suggestions for further topics for this guide, please contact us and we’ll add more to the guide where possible.

Starting your tenancy

This section explains your rights and responsibilities as a bpha tenant.

What is a Tenancy Agreement?

This is a legal contract that sets out the terms of your tenancy, making it clear what you are responsible for and what we are responsible for. bpha have different types of tenancy:

Starter Tenancy
A 12- 18 month tenancy for all new housing association tenants going into a Retirement Living property, or some types of Supported Housing. This tenancy can be brought to an end without going to court if there are any tenancy breaches.
Protected Assured Tenancy
Tenants who lived in a Bedford Borough Council property in 1990 and were transferred to bpha will have a protected assured tenancy. This means they may have preserved rights such as the right to buy.
Assured Tenancy
Most housing association tenants up until 2012 have this type of tenancy. It is the most secure kind of tenancy you may have the ‘right to buy’ if you were originally a council tenant.
Assured Shorthold
This tenancy is let for an initial period and then runs as a statutory periodic assured shorthold tenancy until either you or we bring it to an end. Either party can end the tenancy by giving notice as per the tenancy agreement.
Fixed Term Tenancy
A 3 or 6 year assured shorthold tenancy given to all new housing association tenants. These include a 12-18 month probationary period. For tenants who have already had a non-converting starter tenancy or a fixed term tenancy, a fixed term tenancy of 2 or 5 years may be offered with no probationary period. Your suitability for the property and the tenancy will be reviewed throughout the term and at the end you will be supported into a different product or given a new fixed term tenancy.

Please keep your tenancy agreement in a safe place as it is your legal agreement. If you have any questions about contact us on 0330 100 2727 or through Mybpha

Moving in

When the property is ready to let to you, we will make an appointment for you to meet your Home Agent to accept and sign the tenancy agreement. We will meet you at the property, unless another location is more appropriate. We will give you all the keys we have, we do not keep any spare keys for your home.

The property will have been inspected and be in a good state of repair.

Paying your Rent and Service Charges

Your rent pays for:

Managing and repairing your home
Repaying the money we borrow to build new homes
Our programme of major improvements

Your service charges pay for services such as:

Employing a caretaker
Cleaning shared areas, including windows, and removing dumped rubbish
Cutting grass and looking after planted areas
Repairs to shared facilities such as door-entry systems, television aerials and lighting
Providing and repairing lifts, including the cost of contracts and lift insurance
Providing fire fighting equipment, including repairing and testing emergency lighting and smoke alarms
Providing water, electricity and gas supplies to shared areas

Your rent and service charge payments are your responsibility and you must pay on time and in advance, this means you are paying your rent at the start of the week or month (depending on the type of tenancy you hold) you are in your home not the end.

Your benefits may be paid directly to you and it will be up you to manage the amount you are paid and ensure that your rent is paid to us. If you need any help understanding the payments you receive or how much rent to pay, please contact us.

Paying your rent: see the ways to pay your rent page.

You will receive a rent statement every three months. If you have any query about a statement, we will respond within 10 working days.

How much do I pay?

Your rent is on your rent schedule or your most recent rent review letter. If you want to pay monthly, confirm a payment arrangement or request a direct debit form, please contact us.

In arrears?

Paying your rent is essential, if you don’t you could lose your home so make it your first priority.

If you are in arrears you will receive contact from us telling you how much you owe and when you must pay. Don’t ignore it. Contact us straight away. If you don’t we will follow our arrears policy which means we could evict you from your home after we’ve been to court. You can find out more about how bpha deal with rent arrears here.

We don’t want this to happen that’s why we make it easy for you to pay. We are here to help you, so if you have money worries, contact our Financial Inclusion team who can give you advice on budgeting, debt and welfare benefits. The sooner we know you are having difficulties the easier it will be to resolve the problems and help you stay in your home. The team offers a range of free, confidential assistance including checking you are claiming all the benefits you are entitled to and working with you to negotiate payments to your creditors.

Call 0330 100 0272 and ask for our Financial Inclusion Team or see our money advice page for more information.

For information about Universal Credit, visit our page.

Rent Review

Your rent is reviewed no more than once every 52 weeks and usually in April. Your rent can increase or decrease and you will always receive one month’s notice of this.

Whilst there is only one annual rent review, rent changes occasionally result when we improve your home. When this happens your agreement is obtained before the work is carried out and later confirmed with the date the rent change is to take effect.

Find out more information on how your rent and service charges are set.

Utilities

You are responsible for the Council Tax and utilities at your property at all times. Even if you do not move in on the date the property is signed over to you or you are away for a period of time, you remain responsible for organising supply and for paying all bills at your address.

Insurance

We will insure the structure of the property, but you will be responsible for insuring your personal contents.

Fire, flood and other disasters place severe financial pressure on people who do not have adequate insurance.

We strongly advise that you arrange to have contents insurance for your personal items, otherwise in the event of damage to your goods or burglary, you could lose all of your personal belongings, i.e. furniture and electrical equipment. bpha will not be responsible for replacing those items.

Information on a contents insurance scheme is available on our page or call us on 0330 100 0272.

Maintaining your tenancy

Subletting and lodgers

Tenancy fraud falls into four main areas:

Not using the property as the sole or principle home including abandoning the property, unlawfully subletting the property and succeeding or assigning the tenancy without the landlord’s permission after the legal tenant has left the property or died.
Unauthorised exchange and assignment
Obtaining or attempting to obtain a home using false documents i.e. claiming to be someone else, forged passports, or false statements such as claiming to be homeless.
Obtaining or attempting to obtain a home under false declaration of income and assets

Pets

We understand that many of our residents would like to have pets in their home. To have a pet you must call, email or write in and ask for permission. Only when you have received written permission can you go ahead and get a pet, there will be conditions you have to follow and if you do not we will ask that you rehome the pet.

If we have evidence that you are ill-treating your pet(s) or animals, we will require you to find it/them a new home. Where we find instances of pets or animals being neglected, abused or mistreated we reserve the right to alert the RSPCA.

Dogs

If you are given permission to keep a dog, it cannot be a dangerous or illegal dog, you must keep it under control at all times and pick up the dogs litter immediately. Your dog must also be microchipped, kept on a lead and wear a collar and tag.

Animal Nuisance

You must not keep any animal that is restricted or requires a licence including dogs under the Dangerous Dogs Act 1991 (as amended).

Your pet must be kept under control at all times and you must ensure that your pet cannot escape from your home and garden by making sure there is adequate fencing. Any fencing provided by you must be maintained by you and attached to its own posts not those provided by bpha’s existing fencing. You must not allow your animal to foul in your home or shared areas and you must ensure you are disposing of it correctly.

Livestock is not permitted.

For further information please read our Pet Policy.

Business use

You will always need to seek our written permission if you want to run a business from your home.

We will not unreasonably withhold this permission, but we need to be satisfied that it will not cause a nuisance or annoyance to other tenants, or break the law.

A nuisance could occur if the business creates, for example:

Some businesses may need planning permission so you will need to check with the local council if any permission is required from them.

We will not normally give permission for you to run a business from home if this requires significant alterations to be made to the property.

We will withdraw permission by giving you 48 hours’ written notice where we have evidence you have broken these requirements

Parking

Parking is a very sensitive issue that can upset both residents and non residents. bpha tend not to get involved in any parking disputes and you will need to resolve these types of dispute yourself. We ask that you abide by the terms of your tenancy agreement, requirements of the local authority that you live in and the Highway Code.

Remember you are responsible for all members of your household and all visitors to your property.

Please;

only park on the street or in marked parking spaces,
ensure you have a parking permit or ticket and it is displayed correctly,
do not park on grass areas, paths or verges,
you must not park cars, trailers commercial vehicles, caravans or boats or similar in your garden or land.

If you, a member of or visitor to your household has abandoned a vehicle on bpha land we will give you notice to remove the vehicle. If the vehicle is not removed bpha will remove it and you will be responsible for all costs incurred. We will treat any vehicle as abandoned if it is on our land and is untaxed or unroadworthy.

Covenants
You will comply with any covenants that apply to your Property of which you are made aware of at the start of your tenancy or at a later date by a representative of bpha.

Garages

We own a number of garages to rent in Bedford and surrounding villages. Please contact us if you are interested in renting one.

Abandoned or untaxed cars

If we are aware that vehicles are not taxed or appear to be abandoned we will notify the DVLA. You can also report an abandoned vehicle via your local council website. Find out who that is via this link using your postcode.

If you need to dispose of a vehicle please look online for companies who may be able to assist or contact your local council.

Gardens

You must keep your garden let to you as part of your tenancy tidy and maintained, including cutting grass regularly, pruning shrubs and trees and keep it free of rubbish. All hedges and trees must be maintained to a reasonable height and not obstruct any road, footpath or alleyway.

You must not remove or change any tree, fence or wall at the Property without our express written permission. Fences provided by bpha must be maintained by you at your cost during the tenancy.

You must not plant any trees or hedging without our express written permission.

You are not permitted to install decking.

Permission must be sought if you would like a shed and/or greenhouse. Permission will be given in writing and the requirements specified must be adhered to. If permission is granted you will need to remove it at the end of your tenancy and reinstate the ground or you will be charged.

If your garden is untidy and/or overgrown we will give you opportunity to clear this. If you do not take action as advised by us, we will seek an appropriate legal remedy such as an injunction to ensure the work is carried out and the garden maintained.

Where gardens are shared there is normally a service charge which will cover the cost of maintaining the garden.

Shared areas

This section only applies if your home is a flat or a maisonette with shared entrances, staircases, corridors or balconies. You, your family, friends and relatives, or anyone living with or visiting you (including children) must:

not leave anything in the communal areas or use communal areas to store anything and not obstruct common areas, balconies, staircases, lifts or lift entrances. You must not keep mopeds, motorbikes, bicycles, pushchairs or other items which might cause an obstruction in the common areas or allow any members of your household or visitors to do so.
keep all shared areas such as entrances, stairways, corridors, lifts and landings clean and free from obstructions. You should not leave any personal belongings or rubbish in these areas.
keep washing and drying areas and any other shared areas clear of rubbish and obstacles.
not throw anything from any landing, balcony, corridor or window.
not smoke in any communal areas, as this is illegal.
not allow your pet to foul in any communal area.
keep any communal cupboards clear.

If items are found in communal areas they will be removed and disposed in accordance with our procedure.

Repairs & maintenance

When it comes to repairs and the maintenance of your property, there are some areas for which we are responsible but others that fall into your responsibility as a tenant.

Please note: This is a guide for bpha tenants (not inc. Shared Owners, Right to Buy or any other leaseholder tenancies)

Our responsibility

• Outside walls, outside doors, window sills, window catches, sash windows, frames including
any decorating needed outside but not replacement glass
• Drains, gutters, outside pipes and the roof
• Chimney stacks, Chimneys and flues.
• Footpaths, steps or other access points.
• Boundary walls and fences but not those you share with your neighbours.
• Keeping installations for water, gas, electric, sanitation in working order.
• Wear and tear in communal area’s including lightbulb replacements.
• Repairing fences, walls and gates at the rear of the property that border public highways and
paths

You are responsible for

• Keeping your property well ventilated to prevent the build-up of condensation and damp
• Bath panels, toilet seats and covers, shower hoses, heads and riser rails
• Unblocking toilets, baths and sinks within the property (not including external drains and
(stacks)
• All cleaning, internal decoration (including following a repair) and garden maintenance
• Repairs to internal doors and fixings (including re-hanging and replacement), replacing door handles
• Repairs to any type of letterbox
• Replacing all light bulbs (including starter motors for fluorescent tubes)
• Filling minor cracks in plaster
• Replacing glazing, locks and handles to windows
• Replacing worktops, floors and any other item due to misuse by you, your family or visitors
• Repairing any goods installed by you or accepted by you at the start of your tenancy and making good any damage caused by the failure of such installations (for example washing machines, dishwashers, security lights, cookers, flooring etc be aware that gas cookers must be fitted/removed by a Gas Safe contractor)
• Fittings for gas cookers (bpha will provide a bayonet fitting to the gas supply only)
• Bleeding and ventilating radiators
• Replacement and repair of washing lines (does not include communal lines)
• Replacing lost/stolen keys or keys snapped in locks
• Keeping your smoke/carbon monoxide alarms clean and regularly tested
• Repairing and replacing any fencing/gates/walls shared with a neighbour or not adjoining a public footpath or highway
• Repairing/replacing TV aerials
• Conservatories
• Pest control

bpha recommend you take out home contents insurance as this can cover some of the perils mentioned above. Please ask us for more details.

Shared Owners, RTB and Leaseholders are responsible for all their repairs, we welcome any enquiries

Keeping the property clean

You, your family, friends and relatives, or anyone living with or visiting you (including children) must keep the property clean and tidy, including any balcony. If we have to do any work to bring the property back to a reasonable standard, such as removing rubbish or undertaking a heavy clean, we will charge you for this and may take legal action.

Rubbish bin collection

Your local authority is responsible for bin collections. Find out who to contact using the Gov.uk postcode search tool.

Disposal of rubbish and scrap metal

You must put all refuse in appropriate bin bags and dispose of them in chutes, containers, communal bin areas used for this purpose or as per your local Council’s collection arrangements. This means not using your neighbour’s bin and not disposing of rubbish away from the allocated bin storage areas or relevant containers; for example, on the floor of a bin store. For larger items contact your local Council to make arrangements for the removal of items (for which there may be a charge).

You must not use the property’s garden any communal gardens or any other external area to store scrap metal, vehicle parts including tyres, gas bottles or any other items.

If bpha has to clear any rubbish from your property, including the garden, you will be charged for this and we may take legal action.

Support and advice

The Tenancy Sustainment Service (available in Bedford) is short term support to help you keep your tenancy if there are issues that are making it difficult such as drug and alcohol issues, mental health worries, domestic abuse and disabilities. There are many areas we can help you with such as accessing counselling services, supporting you to understand and abide by the terms of your tenancy agreement such as paying rent.

See our Support section for more information.

Your safety

Safeguarding
Abuse is when someone causes you harm or distress – this can happen to anyone and is not a reflection of your abilities or understanding. Abuse can take many forms, including the following:
· Financial abuse

· Psychological abuse

· Physical abuse

· Sexual abuse

· Neglect

Anyone could be a victim of abuse, but some people are more vulnerable than others, for example,

· Someone who is isolated and has little contact with family or friends.

· Someone who has memory problems or difficulty communicating

· Someone who misuses alcohol or drugs

If you feel that you are the victim of abuse, or you believe that someone you know if the victim of abuse, it is important you speak out. Start by speaking to someone you trust – any member of the Home or Retirement Living team will be able to offer you information and support with contacting the relevant services.

To report abuse, contact your local council’s Adult Social Care team.

Professional Boundaries
Professional Boundaries are a set of guidelines which we follow when working with residents. The purpose of these rules is to ensure that we maintain high standards of professionalism, fairness and courtesy in all our dealings with residents and other service users.

A guide to Professional Boundaries:

· We will act in good faith at all times, acting in your best interest and the best interests of bpha.

· We will conduct ourselves with a high standard of integrity, commitment and courtesy and expect the same in return.

· We will not enter your property unless you have let us in or we are concerned that you are unwell and require assistance.

· We will not lend you money or other items or ask to borrow money or other items from you.

· We are not permitted to give you personal gifts and are unable to accept gifts, hospitality or other benefits from you – this is to ensure that everyone is treated fairly and judgement remains uncompromised.

· Though we aim to get on well with all our residents, we cannot go on social outings with individuals.

· We cannot run personal errands for you however we will aim to provide appropriate support when needed.

· We are unable to share any of our personal contact details, such as phone number, address and social media information.

Confidentiality

Anything you discuss with us will remain confidential and will not be shared with any other resident.

Any conversations with you about personal, confidential or contentious issues will be carried out in private.

Confidential information is only given to employees and agencies working on our behalf where there is an essential need to know.

For more information about your safety click here.

Ending your tenancy

If you intend leaving your home permanently, please read all of the sections below.

You must give us at least four weeks’ notice (or one month’s notice for monthly tenancies) in writing to our address: bpha, Bedford Heights, Manton Lane, MK41 7BJ (or such other address that the Association notifies you of). It is essential that we receive written notice to confirm that you will be ending your tenancy. Your tenancy will end four weeks after the date the written notification has been received.

Before you move out

During the notice period, you must allow access to your property so it can be inspected to assess what work will need to be carried out to let the property to the next tenant. The bpha representative carrying out the inspection will also give an indication of any repairs that you will be responsible for.

You must allow viewings of your property by prospective tenants to take place. These will always be booked and attended by a bpha representative.

You must:

Pay all rent and any other charges up to the date of the end of your tenancy.
Leave the property in a clean and tidy condition, good decorative order and free of rubbish. If we have to clean, clear or redecorate the property, we will charge you for the cost of doing this.
Leave the garden and/or yard (if the property has one) in a tidy state and free from rubbish. If you do not, you will be charged for any costs we incur in cleaning, clearing and tidying it.
Remove all of your furniture and personal belongings from the property (including any loft space) and from any sheds or garages you rent with the property.
Remove all carpets, vinyl and laminate flooring you have installed.
Remove all curtains, curtain rails and any fixtures and fittings you may have added.
Make sure no-one is left in the property.
Leave behind anything belonging to us.
Give us your new address.
Ensure you have paid any outstanding council tax charges and all utility bills (gas, electricity, water, telephone, Sky etc.) due up until the end of the tenancy, or when you return the keys, whichever is later.
Don’t forget to let other people know of your move such as your doctors, employer and schools. You can also have your mail forwarded through Royal Mail.

You must also give the relevant organisations your forwarding address. If you leave the property owing a debt to a utility company which supplied you during your tenancy, we reserve the right to give them your new address where we have it, without your permission, if you have not already done so.

At the end of your tenancy, we may hold any money you have overpaid to bpha, or money paid to us on your behalf, to use to cover any outstanding rent or charges that you owe (for this or any other property), or other debts to bpha (e.g. sundry debts or repairs recharges). We will calculate and process any charges as quickly as we can after you have ended your tenancy so that we can advise you of any credits we owe you or debts you owe us.

We accept no responsibility for any belongings you leave in the property after your tenancy has ended. If you do leave any belongings, we will dispose of them after taking reasonable steps to tell you, and then charge you for doing this. We may also consider selling the goods you have left behind to recover some of the costs you may have accrued.

If any other work is required that is your responsibility, including rubbish clearance, we will recharge you for the cost of employing a contractor to undertake this work.

Joint tenancies

A joint tenancy can be offered to two adults who live in the property. Each joint tenant is equally responsible for meeting the tenancy obligations – for example ensuring the rent is paid, even if one of you moves out.

Each may apply for benefits unless one was a dependant of the other before the joint tenancy started.

If one joint tenant dies, the tenancy is automatically transferred to the other tenant by succession. Please let us know immediately if this happens.

If a relationship breaks down neither joint tenant may evict the other. If this happens, you need to come to an agreement about the future of the tenancy and you may want to take some independent legal advice. bpha cannot make a decision for you about who should remain in the property.

If one joint tenant leaves the property and does not intend to return, you must ask bpha’s permission to complete the process of ending the joint tenancy and obtaining a sole tenancy.

One joint tenant may end the whole joint tenancy by giving four weeks’ notice in writing to bpha, or one month’s notice in the case of monthly tenancies.

Serving a notice

Where you have broken one or more of the terms of your tenancy agreement we may ask the court to end your tenancy. This could happen for any number of reasons that are defined by the Housing Act 1988 as amended by the Housing Act 1996, for example where rent due has not been paid. Depending upon the type of tenancy you have, bpha can ask the court for a possession order without attending a hearing in court however, we will always discuss with you before taking action.

We will usually give you notice of our intention to start legal proceedings. However, in some cases of serious antisocial behaviour, court action may be commenced immediately after the service of the notice.

If we do give you notice, this will be in writing and will be regarded as served if handed to you directly, left at your home, attached to your front door or posted to you by first class post.

Court proceedings

Under no circumstances will you be required to move out of your home at the end of our notice period – we must first obtain a court order to take back possession of your home.

You will be told by the court when the hearing is to take place and you are able to attend to put your side to the court.

When a tenant dies

Dealing with the death of someone close is difficult. Please phone us to let us know if a resident has died.

Please then write to us (at bpha Limited, Bedford Heights, Manton Lane, Bedford, MK41 7BJ) and enclose a copy of the death certificate and a completed copy of the relevant Notice to Quit or Notice to Surrender form. (A Notice to Quit form is a legal document and is for a period of four weeks, a Notice to Surrender gives one month’s notice to end a fixed term tenancy.)

If you are dealing with the deceased’s finances our Financial Inclusion team could help you.

You also need to know:

Housing benefit stops on the day the tenant dies.
You will need to cancel the utilities and services (e.g. gas, electric or Sky TV subscriptions).
Rent is still payable until the representative of the tenant has legally ended the tenancy.
Keys must be given back, please send via Recorded Post to bpha Limited, Bedford Heights, Manton Lane, Bedford, MK41 7BJ.

When a joint tenant dies

Dealing with the death of someone close is difficult. Please phone us to let us know who has died.

Please then write to us (at bpha Limited, Bedford Heights, Manton Lane, Bedford, MK41 7BJ) and enclose a copy of the death certificate. Your Home Agent will then be in contact to discuss any tenancy support they can offer.

Our Financial Inclusion team could help you if you need support with the deceased’s finances.

You will need to discuss housing benefit with your local authority.

Want to move?

If you want to move to a more suitable home

If you are looking for affordable rented accommodation you will need to register with your local authority to join its allocations scheme. From 1 April 2018, bpha no longer manages the Housing Register on behalf of Bedford Borough Council.

You can apply to join the Bedford Borough Housing Register via Bedford Borough Council’s online lettings website MyHomeOptions. You will need to register an account and complete an application form.

If you want to move to another area

Some councils and housing associations will allow you to join their waiting lists, even if you do not currently live in their area. However mutual exchange websites such as House Exchange or HomeSwapper may help you to move to another area more easily. Find out more about mutual exchange here.

You can find more information about the range of options available for affordable rent and home ownership here, or if you need advice on this please contact us.

If you think this information and your tenancy agreement say something different, it is your tenancy agreement that is correct. Your tenancy agreement is a legal document.

Have your say

Compliments

It’s really good to hear when we have got things right, please let us know so we can congratulate the employee or representative of bpha and learn from what has gone well.

Complaints

We do everything we can to ensure you receive excellent customer service and quality products, but sometimes things can go wrong. Please let us know if there’s anything you’re not happy with and we will try to put things right and improve what we do.